Smith v. County of Los Angeles

Fitzgerald, J. The complaint in this action substantially alleges that the board of supervisors of Los Angeles County, after a favorable election had for that purpose, duly authorized the issuance of three hundred bonds, in denominations of one thousand dollars each, bearing interest at the rate of five per cent per annum, for the erection of a county court-house; that said bonds were duly executed and delivered to the county [629]treasurer for sale, and that he, in pursuance of law, thereafter advertised for and invited bids for said bonds; that no bona fide bid had been made for any of the bonds, and that no sale thereof was or could be made until a bid for one hundred and ten of said bonds was procured and caused to be made by plaintiffj in pursuance of his employment by the board of supervisors to procure a bid to be made for said bonds or a part thereof by some bidder who would offer and bid therefor a price which said treasurer and said board were authorized by law to accept; that said bid so procured by the plaintiff for one hundred and ten of said bonds was accepted, and said bonds so bid for were by said treasurer sold at five per cent premium and accrued interest to said bidder so procured as aforesaid by plaintiff, and the purchase price thereof paid into the treasury of said county; that said board acting for said county agreed to pay plaintiff for such services what they were reasonably worth, and the value of the services so rendered was and is reasonably worth the sum of three thousand three hundred dollars; that within one year after he performed said services plaintiff duly presented to said board his itemized claim, duly verified, for said services, which claim and every part thereof said board refused to allow and wholly rejected the same.

The complaint was demurred to on the ground that it did not state facts sufficient to constitute a cause of action. The demurrer was sustained by the court, and/upon plaintiff refusing to amend, judgment was given for defendant, and plaintiff appeals.

The question to be determined on this appeal involves the power of the board of supervisors to make the contract of employment upon which this action is founded. Section 25 of the act of March 14,1883, commonly known as the “County-Government Act,” under which it is claimed such power was conferred, provides that “ the board of supervisors in their respective counties have jurisdiction and power, under such limitations and restrictions as are prescribed by law,” to create a bonded indebtedness and to issue bonds of the county as provided by section 37 of said act; and subdivision 14 of section 25 provides that “ whenever bonds issued under this chapter shall be duly executed, . . „ » they shall be delivered to the